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This Is The Ugly Truth About Veterans Disability Attorney

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Will Grahamslaw 24-06-28 20:25 view104 Comment0

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Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits

Attorneys who exploit disabled veterans to make money often rely on their benefits. This is the reason you need a attorney who is accredited to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder and other mental health issues related to a fatal aircraft carrier crash has won an important victory. However, it comes with a substantial cost.

Class Action Settlement

According to a lawsuit filed Monday the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims, at a rate that is significantly higher than white veterans. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to documents obtained by Monk, the Yale Law School veterans disability law firms Legal Services Clinic and Monk claims that VA denied his disability claim at a higher rate than white veterans in the past three decades.

Monk, a retired psychiatrist, has claimed that discrimination from VA has caused him, and others of black veterans, to suffer in a way that has affected their health, home life work, education, and employment. Monk wants the VA to compensate him for the benefits they have denied him and to change their policies on race and discharge status as well as denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data in the last year, thanks to a Freedom of Information Act request that they made on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. The data showed that Black Veterans were statistically less likely to be granted the right to claim disability benefits than white veterans between 2001 and 2020. Additionally the average denial rate was 6.3% higher for veterans of color than for white veterans.

Discrimination due to PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed on Monday. The suit is led by a former Marine Corps veteran who was denied housing, education, and other benefits for decades, even when he was suffering from an undiagnosed post-traumatic stress disorder (PTSD). The suit provides evidence that VA officials have historically denied claims made by Black veterans.

Conley Monk was a member of the Marines as an active volunteer during the Vietnam War. He drove an armored transport vehicle and assisted in moving troops and equipment into combat zones. Monk was later involved in two battles which he blamed on his PTSD. In 1971, he received an unjust discharge that was less than acceptable. This "bad paper" prevented him from getting home loans or tuition aid, as well as other benefits.

He filed a lawsuit against the military to stop the discharge and was awarded a wide range of benefits in 2015 and 2020. He claims that the VA is owed money for previous denials of disability benefits. The suit also claims that he was emotionally damaged by the repetition of the most painful memories with every application for benefits.

The lawsuit seeks financial damages and asks the court to order the VA to examine its systemic PTSD bias. It is the latest effort by groups like the ACLU and Service Women's Action Network to demand the VA to address discrimination that has been in place for years against survivors of sexual assault.

Alimony Discrimination

People who have served in the military or who accompanied them, ought to be aware of the truth about the benefits for veterans with disabilities and their impact on divorce-related money issues. One of the biggest misconceptions is that state courts can garnish veterans' VA compensation to pay for alimony and child support. This is not the case. Congress carefully designed Title 38 of the U.S. Code to safeguard veterans' payments from claims by creditors and family members including alimony and child support.

Conley Monk, who volunteered for his country, served two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded numerous medals, however he received a discharge that was not a prestigious one because there were two battles caused by undiagnosed post-traumatic stress disorder. It was a long and long, and winding path for him to convince the VA to accept disability compensation.

He was denied benefits at a more frequent rate than his white counterparts. This discrimination against Blacks was systematic and pervasive, according to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The suit claims that the VA did not know about and failed to take action to end decades of discrimination against Black veterans. It seeks justice for Monk and other veterans disability law firm similar to Monk.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a person disagrees with a decision the agency has made. It is important to appeal a decision as quickly as you can. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and is granted an impartial hearing.

A lawyer who is qualified will be able to review the evidence used to support your claim and submit new and additional evidence should it be required. The lawyer will also be aware of the challenges involved in dealing with the VA and this could increase the level of empathy for your situation. This can be an important benefit in your appeals.

One of the most common reasons a veteran's disability claim is denied is due to the agency hasn't correctly characterized their condition. A lawyer with experience will ensure that your condition is properly classified and rated, allowing you to claim the benefits you require. A lawyer who is qualified will be able to consult with medical professionals to provide additional evidence of your health condition. For instance, a medical expert might be able demonstrate that the pain you feel is due to your service-related injury and is causing disability. They might assist you obtain the medical records required to prove your claim.

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